Case: Brown v. Lexington County

Brown v. Reinhart

U.S. Court of Appeals for the Fourth Circuit

U.S. Department of Justice

American Civil Liberties Union

COMPLAINT against Rebecca Adams, Lexington County, South Carolina, Robert Madsen, Gary Reinhart, Bryan Koon (Filing fee $ 400 receipt number 0420-7181905), filed by Sasha Monique Darby, Amy Marie Palacios, Xavier Larry Goodwin, Twanda Marshinda Brown, Cayeshia Cashel Johnson. Service due by 8/30/2017.(mwal) (Entered: 06/02/2017)

Local Rule 26.01 Answers to Interrogatories by Twanda Marshinda Brown, Sasha Monique Darby, Xavier Larry Goodwin, Cayeshia Cashel Johnson, Amy Marie Palacios.(mwal) (Entered: 06/02/2017)

Summons Issued as to Rebecca Adams, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. (mwal) (Entered: 06/02/2017)

MOTION to Certify Class by Twanda Marshinda Brown. Response to Motion due by 6/16/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Affidavit In support of motion, # 3 Affidavit In support of motion, # 4 Affidavit In support of motion, # 5 Affidavit In support of motion, # 6 Exhibit Exh A. Chart of inmates, # 7 Exhibit Exh. B Analysis of Jail Population, # 8 Affidavit In support of motion, # 9 Exhibit Exh.A Brown Bench Warrant, # 10 Exhibit Exh.B Brown Public Index, # 11 Exhibit Exh.C Darby Bench Warrant, # 12 Exhibit Exh.D Darby Public Index, # 13 Exhibit Exh. E Johnson Bench Warrant, # 14 Exhibit Exh. F Johnson Public Index)No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Attachment 3 replaced on 6/5/2017) (mwal). Modified to add additional attachments at ECF No. 7 on 6/6/2017 (mwal). (Entered: 06/02/2017)

MOTION to Appear Pro Hac Vice by Nusrat J. Choudhury ( Filing fee $ 250 receipt number 0420-7188143) by Twanda Marshinda Brown. Response to Motion due by 6/19/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Choudhury Affidavit in support of PHV motion, # 2 Exhibit Certificate of Good Standing for Choudhury)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 06/05/2017)

Additional Attachments to Main Document 5 MOTION to Certify Class . First attachment description: Palacio Bench Warrant. (Attachments: # 1 Palacio Public Index, # 2 Goodwin Bench Warrant, # 3 Goodwin Public Index, # 4 Spreadsheet Failure to Comply and Archived Bench Warrants, # 5 Spreadsheet narrowed to exclude Jail only and Nolle Prosequi)(mwal) (Entered: 06/06/2017)

MOTION to Appear Pro Hac Vice by Toby J. Marshall ( Filing fee $ 250 receipt number 0420-7194758) by Twanda Marshinda Brown. Response to Motion due by 6/22/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Marshall Affidavit for PHV admission, # 2 Exhibit Marshall Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 06/08/2017)

MOTION to Appear Pro Hac Vice by Eric R. Nusser ( Filing fee $ 250 receipt number 0420-7194770) by Twanda Marshinda Brown. Response to Motion due by 6/22/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Nusser affidavit for PHV admission, # 2 Exhibit Nusser Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 06/08/2017)

TEXT ORDER granting 6 MOTION to Appear Pro Hac Vice by Nusrat J. Choudhury; granting 8 MOTION to Appear Pro Hac Vice by Toby J. Marshall; and granting 9 MOTION to Appear Pro Hac Vice by Eric R. Nusser. Signed by Magistrate Judge Shiva V Hodges on 6/27/2017. (mwal) (Entered: 06/28/2017)

Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Rebecca Adams, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 7/21/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 07/07/2017)

TEXT ORDER granting 12 Consent MOTION for Extension of Time. Defendants response to 5 MOTION to Certify Class is now due by August 7, 2017. Signed by Magistrate Judge Shiva V Hodges on 7/7/2017. (mwal) (Entered: 07/07/2017)

NOTICE of Appearance by William Henry Davidson, II on behalf of Rebecca Adams, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart (Davidson, William) (Entered: 07/07/2017)

ANSWER to 1 Complaint, by Robert Madsen.(Woodington, Kenneth) (Entered: 07/18/2017)

ANSWER to 1 Complaint, by Bryan Koon.(Woodington, Kenneth) (Entered: 07/19/2017)

ANSWER to 1 Complaint, by Lexington County, South Carolina.(Woodington, Kenneth) (Entered: 07/19/2017)

ANSWER to 1 Complaint, by Rebecca Adams, Gary Reinhart.(Woodington, Kenneth) (Entered: 07/19/2017)

SCHEDULING ORDER Rule 26(f) Conference Deadline 8/9/2017, 26(a) Initial Disclosures due by 8/23/2017, Rule 26 Report due by 8/23/2017, Motions to Amend Pleadings due by 10/18/2017, Plaintiffs ID of Expert Witness due by 11/17/2017, Defendants ID of Expert Witnesses due by 12/18/2017, Records Custodian Affidavit due by 12/18/2017, Discovery due by 2/15/2018, Motions due by 3/2/2018, ADR Statement due by 4/6/2018, Mediation due by 5/1/2018. Signed by Magistrate Judge Shiva V Hodges on 7/20/2017. (mwal) (Entered: 07/20/2017)

AMENDED COMPLAINT against All Defendants, filed by Twanda Marshinda Brown. Service due by 10/19/2017 (Dunn, Susan) (Entered: 07/21/2017)

MOTION to Certify Class by Twanda Marshinda Brown. Response to Motion due by 8/4/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memo in support of Amended Motion for Class certification, # 2 Affidavit From Choudhury in support, # 3 Affidavit From Dunn in support of motion, # 4 Affidavit From Marshall in support of motion, # 5 Affidavit From Nusser in support of Motion, # 6 Exhibit A to Nusser declaration-Inmate Chart, # 7 Exhibit B to Nusser declaration- Bench Warrant analysis, # 8 Affidavit From Papachristo in support, # 9 Exhibit A to Papachristo-Bench Warrant Brown, # 10 Exhibit B to Papachristo-Public Index Brown, # 11 Exhibit C to Papachristo-Bench Warrant Darby, # 12 Exhibit D to Papachristo-Public Index Darby, # 13 Exhibit E to Papachristo-Bench Warrant Johnson, # 14 Exhibit F to Papachristo-Public index Johnson, # 15 Exhibit G to Papachristo-Bench Warrant Palacio, # 16 Exhibit H to Papachristo-Public Index Palacio, # 17 Exhibit I to Papachristo-Bench Warrant Goodwin, # 18 Exhibit J to Papachristo- Public Index Goodwin, # 19 Exhibit K to Papachristo-Inmate Chart, # 20 Exhibit L to Papachristo-Chart)No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 07/21/2017)

Consent MOTION for Extension of Time to File Answer re 20 Amended Complaint by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 8/9/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 07/26/2017)

TEXT ORDER granting 22 Consent MOTION for Extension of Time. Additionally, Defendants' deadline to respond to Plaintiffs' motion to certify class is extended to August 18, 2017. Signed by Magistrate Judge Shiva V Hodges on 7/27/2017. (mwal) (Entered: 07/27/2017)

ANSWER to 20 Amended Complaint by Rebecca Adams, Albert John Dooley, III, Gary Reinhart.(Woodington, Kenneth) (Entered: 08/17/2017)

ANSWER to 20 Amended Complaint by Bryan Koon.(Woodington, Kenneth) (Entered: 08/17/2017)

ANSWER to 20 Amended Complaint by Lexington County, South Carolina.(Woodington, Kenneth) (Entered: 08/17/2017)

ANSWER to 20 Amended Complaint by Robert Madsen.(Woodington, Kenneth) (Entered: 08/17/2017)

Local Rule 26.01 Answers to Interrogatories by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart.(Woodington, Kenneth) (Entered: 08/17/2017)

MOTION for Partial Summary Judgment (declaratory and injunctive relief) by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 9/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit Affidavit of Colleen Long)No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 08/18/2017)

1 Memo in Support

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2 Exhibit Affidavit of Colleen Long

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RESPONSE in Opposition re 21 MOTION to Certify Class Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart.Reply to Response to Motion due by 8/25/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Woodington, Kenneth) (Entered: 08/18/2017)

MOTION for Extension of Time to File Response/Reply as to 30 Response in Opposition to Motion, 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) by Twanda Marshinda Brown. Response to Motion due by 9/6/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 08/23/2017)

Rule 26(f) Report by Twanda Marshinda Brown. (Attachments: # 1 Exhibit Joint 26f report)(Dunn, Susan) (Entered: 08/23/2017)

TEXT ORDER granting 31 MOTION for Extension of Time. Plaintiff's deadline to file a response to 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) and reply to 30 Defendants' Memorandum in Opposition to Class Certification is now September 11, 2017. Signed by Magistrate Judge Shiva V Hodges on 8/24/2017. (mwal) (Entered: 08/24/2017)

FIRST AMENDED SCHEDULING ORDER 26(a) Initial Disclosures due by 9/13/2017, Rule 26 Report due by 8/23/2017, Motions to Amend Pleadings due by 10/18/2017, Plaintiffs ID of Expert Witness due by 1/19/2018, Defendants ID of Expert Witnesses due by 2/23/2018, Records Custodian Affidavit due by 2/23/2018, Discovery due by 4/2/2018, Motions due by 5/4/2018, ADR Statement due by 5/2/2018, Mediation due by 6/1/2018. Signed by Magistrate Judge Shiva V Hodges on 8/24/2017. (mwal) (Entered: 08/24/2017)

RESPONSE in Opposition re 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 9/18/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit Declaration of Goodwin, # 2 Affidavit Declaration of Wright)(Dunn, Susan) (Entered: 09/11/2017)

REPLY to Response to Motion re 21 MOTION to Certify Class, 31 MOTION for Extension of Time to File Response/Reply as to 30 Response in Opposition to Motion, 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) Response filed by Twanda Marshinda Brown. (Dunn, Susan) (Entered: 09/11/2017)

Consent MOTION for Extension of Time to File Response/Reply as to 35 Response in Opposition to Motion, 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 9/28/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 09/14/2017)

TEXT ORDER granting ECF No. 37 . Defendants' reply to ECF No. 35 is now due by September 22, 2017. Signed by Magistrate Judge Shiva V. Hodges on 9/14/2017. (bgoo) (Entered: 09/14/2017)

REPLY to Response to Motion re 29 MOTION for Partial Summary Judgment (declaratory and injunctive relief) Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. (Attachments: # 1 Exhibit 10 year driving record of Xavier Goodwin, # 2 Exhibit Richland Co. records for Goodwin, # 3 Exhibit Lexington Co. records for Goodwin)(Woodington, Kenneth) (Entered: 09/22/2017)

1 Exhibit 10 year driving record of Xavier Goodwin

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2 Exhibit Richland Co. records for Goodwin

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3 Exhibit Lexington Co. records for Goodwin

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Supplemental MOTION for Summary Judgment by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 10/6/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Memo of Chief Justice Beatty)No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 09/22/2017)

MOTION for Extension of Time by Twanda Marshinda Brown. Response to Motion due by 10/13/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 09/29/2017)

TEXT ORDER granting 41 MOTION for Extension of Time. Plaintiff's response to 40 Supplemental MOTION for Summary Judgment is now due by October 13, 2017. Signed by Magistrate Judge Shiva V Hodges on 9/29/2017. (mwal) (Entered: 09/29/2017)

RESPONSE in Opposition re 40 Supplemental MOTION for Summary Judgment Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 10/20/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit Declaration of Eric Nusser, # 2 Affidavit Declaration of Toby Marshall)(Dunn, Susan) (Entered: 10/13/2017)

MOTION for Extension of Time to File Response/Reply as to 43 Response in Opposition to Motion, 40 Supplemental MOTION for Summary Judgment by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 11/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 10/18/2017)

TEXT ORDER granting 44 MOTION for Extension of Time. Defendants' reply in support to 40 Supplemental MOTION for Summary Judgment is now due by November 3, 2017. Signed by Magistrate Judge Shiva V Hodges on 10/18/2017. (mwal) (Entered: 10/18/2017)

MOTION to Amend/Correct 20 Amended Complaint by Twanda Marshinda Brown. Response to Motion due by 11/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit EX. 1 Proposed 2nd Amended Complaint with changes redlined, # 2 Exhibit EX.2 Proposed 2nd Amended Complaint (Clean copy))Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 10/18/2017)

TEXT ORDER granting 46 MOTION to Amend/Correct 20 Amended Complaint. The Clerk's office is directed to file ECF No. 46-2 as Plaintiff's second amended complaint. Defendants' deadline to answer or otherwise plead as to the second amended complaint is November 2, 2017. Signed by Magistrate Judge Shiva V Hodges on 10/19/2017. (mwal) (Entered: 10/19/2017)

SECOND AMENDED COMPLAINT against Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart, filed by Sasha Monique Darby, Amy Marie Palacios, Xavier Larry Goodwin, Twanda Marshinda Brown, Cayeshia Cashel Johnson.(mwal) (Entered: 10/19/2017)

MOTION to Stay re 40 Supplemental MOTION for Summary Judgment by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 11/13/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Agenda for judges' training session)No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 10/30/2017)

MOTION for Summary Judgment on Damage Claims by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 11/14/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 10/31/2017)

MOTION to Stay Discovery and Scheduling Order Deadlines by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 11/14/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 10/31/2017)

ANSWER to 48 Amended Complaint, by Lexington County, South Carolina.(Woodington, Kenneth) (Entered: 11/01/2017)

ANSWER to 48 Amended Complaint, by Robert Madsen.(Woodington, Kenneth) (Entered: 11/01/2017)

ANSWER to 48 Amended Complaint, by Rebecca Adams, Albert John Dooley, III, Gary Reinhart.(Woodington, Kenneth) (Entered: 11/01/2017)

ANSWER to 48 Amended Complaint, by Bryan Koon.(Woodington, Kenneth) (Main Document 55 replaced to correct document on 11/2/2017) (mwal). (Entered: 11/02/2017)

Consent MOTION for Extension of Time by Twanda Marshinda Brown. Response to Motion due by 11/21/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 11/07/2017)

TEXT ORDER granting 56 Consent MOTION for Extension of Time. Plaintiffs' deadline to respond to ECF Nos. 50 and 51 is now November 29, 2017. Defendants' replies will be due by December 11, 2017. Signed by Magistrate Judge Shiva V Hodges on 11/7/2017. (mwal) (Entered: 11/07/2017)

RESPONSE in Opposition re 49 MOTION to Stay re 40 Supplemental MOTION for Summary Judgment Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 11/20/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 11/13/2017)

Consent MOTION for Leave to File Excess Pages by Twanda Marshinda Brown. Response to Motion due by 12/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 11/17/2017)

TEXT ORDER granting 59 Consent MOTION for Leave to File Excess Pages. Signed by Magistrate Judge Shiva V Hodges on 11/17/2017. (mwal) (Entered: 11/17/2017)

REPLY to Response to Motion re 49 MOTION to Stay re 40 Supplemental MOTION for Summary Judgment Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. (Woodington, Kenneth) (Entered: 11/20/2017)

Withdrawal of Motions: 49 MOTION to Stay re 40 Supplemental MOTION for Summary Judgment filed by Bryan Koon, Gary Reinhart, Lexington County, South Carolina, Robert Madsen, Albert John Dooley, III, Rebecca Adams, 40 Supplemental MOTION for Summary Judgment filed by Bryan Koon, Gary Reinhart, Lexington County, South Carolina, Robert Madsen, Albert John Dooley, III, Rebecca Adams.. (Woodington, Kenneth) (Entered: 11/21/2017)

Withdrawal of Motions: 5 MOTION to Certify Class filed by Twanda Marshinda Brown. (mwal) (Entered: 11/27/2017)

RESPONSE in Opposition re 50 MOTION for Summary Judgment on Damage Claims Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 12/6/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit Declaration of Brown, # 2 Affidavit Declaration of Darby, # 3 Affidavit Declaration of Palacios, # 4 Affidavit Declaration of Corder, # 5 Affidavit Declaration of Goodwin, # 6 Affidavit Affidavit of Ryan authenticating Exh. A and B, # 7 Affidavit Rule 56(b) Declaration of Chourdury)(Dunn, Susan) (Entered: 11/29/2017)

RESPONSE in Opposition re 51 MOTION to Stay Discovery and Scheduling Order Deadlines Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 12/6/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit Nusser declaration in opposition)(Dunn, Susan) (Entered: 11/29/2017)

Consent MOTION for Leave to File Excess Pages and for two-day extension of time by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 12/27/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Woodington, Kenneth) (Entered: 12/08/2017)

TEXT ORDER granting 68 Consent MOTION for Leave to File Excess Pages and extension of time. Replies to ECF Nos. 66 and 67 are now due by December 13, 2017. Signed by Magistrate Judge Shiva V Hodges on 12/8/2017. (mwal) (Entered: 12/08/2017)

REPLY to Response to Motion re 51 MOTION to Stay Discovery and Scheduling Order Deadlines, 50 MOTION for Summary Judgment on Damage Claims Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. (Attachments: # 1 Affidavit Long affidavit with attachments (tickets and bench warrants), # 2 Exhibit Amended Complaiint in Foster v. Alexander)(Woodington, Kenneth) (Entered: 12/13/2017)

Joint MOTION to Stay Scheduling Order by Twanda Marshinda Brown. Response to Motion due by 1/19/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 01/05/2018)

ORDER granting 71 Joint MOTION to Stay Scheduling Order filed by Twanda Marshinda Brown. Signed by Magistrate Judge Shiva V Hodges on 1/8/2018. (mwal) (Entered: 01/08/2018)

TEXT ORDER granting 51 MOTION to Stay Discovery and Scheduling Order Deadlines, as consistent with the court's January 8, 2018 text order. Signed by Magistrate Judge Shiva V Hodges on 2/5/2018. (mwal) (Entered: 02/05/2018)

REPORT AND RECOMMENDATION recommending the court: (1) deny Plaintiff's 21 MOTION to Certify Class; (2) grant Defendants' 29 MOTION for Summary Judgment as to declaratory and injunctive relief; and (3) deny Defendants' 50 MOTION for Summary Judgment as to Plaintiffs' damages claim against Lexington County for failure to afford counsel and grant the motion as to all other claims. Objections to R&R due by 2/20/2018. (mwal) (Main Document 74 replaced on 2/5/2018) (mwal, ). (Entered: 02/05/2018)

Joint MOTION for Extension of Time by Twanda Marshinda Brown. Response to Motion due by 2/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Dunn, Susan) (Entered: 02/07/2018)

TEXT ORDER granting 75 Joint MOTION for Extension of Time. Objections to 74 REPORT AND RECOMMENDATION are now due by March 2, 2018. Reply to objections are now due by March 23, 2018. Signed by Honorable Margaret B Seymour on 2/12/2018. (mwal) (Entered: 02/12/2018)

Consent MOTION for Leave to File Excess Pages by Twanda Marshinda Brown. Response to Motion due by 3/13/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 02/27/2018)

TEXT ORDER granting 77 Consent MOTION for Leave to File Excess Pages filed by Twanda Marshinda Brown. Signed by Magistrate Judge Shiva V Hodges on 2/27/2018. (mwal) (Entered: 02/27/2018)

OBJECTION to 74 Report and Recommendation by Lexington County, South Carolina. Reply to Objections due by 3/16/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Woodington, Kenneth) (Entered: 03/02/2018)

OBJECTION to 74 Report and Recommendation by Twanda Marshinda Brown. Reply to Objections due by 3/16/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 03/02/2018)

REPLY by Twanda Marshinda Brown to 79 Objection to Report and Recommendation . (Dunn, Susan) (Entered: 03/22/2018)

REPLY by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart to 80 Objection to Report and Recommendation . (Attachments: # 1 Exhibit Court Admin. memo, orders and forms)(Woodington, Kenneth) (Entered: 03/23/2018)

ORDER declining to adopt 74 Report and Recommendation; denying Plaintiffs' 21 Motion to Certify Class; denying Defendants' 29 Motion for Partial Summary Judgment as to declaratory and injunctive relief; and denying Defendants' 50 Motion for Summary Judgment. This matter is recommitted to the Magistrate Judge for further pretrial handling. Signed by Honorable Margaret B Seymour on 3/29/2018. (mwal) (Entered: 03/30/2018)

SECOND AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 6/4/2018, Defendants ID of Expert Witnesses due by 7/2/2018, Records Custodian Affidavit due by 7/2/2018, Discovery due by 8/6/2018, Motions due by 9/4/2018, ADR Statement due by 9/7/2018, Mediation due by 10/9/2018. Signed by Magistrate Judge Shiva V Hodges on 4/3/2018. (mwal) (Entered: 04/03/2018)

Second MOTION to Certify Class by Twanda Marshinda Brown. Response to Motion due by 5/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memo in support of 2nd amended class certification)No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 04/17/2018)

MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation, by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. Response to Motion due by 5/8/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.(Woodington, Kenneth) Modified to edit text on 4/24/2018 (mwal). (Entered: 04/24/2018)

Supplemental MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation, by Lexington County, South Carolina. Response to Motion due by 5/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order. (Woodington, Kenneth) Modified to edit text on 4/26/2018 (mwal). (Entered: 04/26/2018)

RESPONSE in Opposition re 86 Second MOTION to Certify Class Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart.Reply to Response to Motion due by 5/3/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Woodington, Kenneth) (Entered: 04/26/2018)

NOTICE OF APPEAL as to 84 Order Ruling on Report and Recommendation, by Rebecca Adams, Bryan Koon, Gary Reinhart. - Filing fee $ 505, receipt number 0420-7747398. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Woodington, Kenneth) (Entered: 04/26/2018)

Transmittal Sheet for Notice of Appeal to USCA re 90 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (mwal) (Entered: 05/01/2018)

ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re 90 Notice of Appeal, Electronic record successfully transmitted. (mwal) (Entered: 05/01/2018)

RESPONSE in Opposition re 87 MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation,, 88 Supplemental MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation, Response filed by Twanda Marshinda Brown.Reply to Response to Motion due by 5/11/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 05/03/2018)

REPLY to Response to Motion re 86 Second MOTION to Certify Class Reply in Support of Motion Response filed by Twanda Marshinda Brown. (Dunn, Susan) (Entered: 05/03/2018)

Letter from 4CCA. (mwal) (Entered: 05/08/2018)

REPLY to Response to Motion re 87 MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation,, 88 Supplemental MOTION for Reconsideration re 84 Order Ruling on Report and Recommendation, Response filed by Rebecca Adams, Albert John Dooley, III, Bryan Koon, Lexington County, South Carolina, Robert Madsen, Gary Reinhart. (Woodington, Kenneth) (Entered: 05/10/2018)

MOTION to Appear Pro Hac Vice by Carl G. Snodgrass ( Filing fee $ 250 receipt number 0420-7780793) by Twanda Marshinda Brown. Response to Motion due by 5/29/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to Appear PHV, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Dunn, Susan) (Entered: 05/15/2018)

TEXT ORDER granting 98 MOTION to Appear Pro Hac Vice by Carl G. Snodgrass. Signed by Magistrate Judge Shiva V Hodges on 5/15/2018. (mwal) (Entered: 05/15/2018)

STIPULATION of Dismissal without Prejudice as to Defendant Madsen by Twanda Marshinda Brown. (Dunn, Susan) (Entered: 05/16/2018)

First MOTION to Compel Production by Twanda Marshinda Brown. Response to Motion due by 5/30/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Declaration of Nusser in support of motion, # 2 Exhibit First set of requests to Lexington County and Madsen, # 3 Exhibit First set of request to Koon, # 4 Exhibit First set of requests to Reinhart, Adams and Dooley, # 5 Exhibit May 4, 2018 letter from Marshall to Defense attorneys, # 6 Exhibit Emails relating to production)No proposed order.Motions referred to Shiva V Hodges.(Dunn, Susan) (Main Document 101 replaced on 5/18/2018) (mwal, ). (Entered: 05/16/2018)

NOTICE of Hearing: Telephone Status Conference re discovery set for 6/1/2018 at 2:00 p.m. in chambers before Magistrate Judge Shiva V Hodges. Plaintiff's counsel is directed to arrange and initiate the conference call at the specified time, conference in all other participating counsel and then connect to chambers at (803) 253-6431.(ttil, ) (Entered: 05/30/2018)

TEXT ORDER suspending the deadline for defendant's response to plaintiff's 101 First Motion to Compel Production pending further notice. Signed by Magistrate Judge Shiva V Hodges on 5/30/2018. (ttil, ) (Entered: 05/30/2018)

AMENDED NOTICE of Hearing (change in time only): Telephone Status Conference re discovery set for 6/1/2018 at 3:00 p.m. in chambers before Magistrate Judge Shiva V Hodges. Plaintiff's counsel is directed to arrange and initiate the conference call at the specified time, conference in all other participating counsel and then connect to chambers at (803) 253-6431.(ttil, ) (Entered: 06/01/2018)

Minute Entry. Proceedings held before Magistrate Judge Shiva V Hodges: Telephone Status Conference held on 6/1/2018. The parties address the court re 101 Motion to Compel, oral order denying 101 Motion to Compel without prejudice, the court suspends the current scheduling order deadlines and directs the parties to contact chambers upon Judge Margaret Seymour's ruling on 87 Motion for Reconsideration. Court Reporter: no court reporter. (ttil, ) (Entered: 06/04/2018)

OPINION AND ORDER denying 87 Motion for Reconsideration ; denying 88 Motion for Reconsideration Signed by Honorable Margaret B Seymour on 7/9/2018.(mdea ) (Entered: 07/10/2018)